From 2014 to 2019, Dan managed the law department at Denver International Airport, where he supervised a team of lawyers and professionals representing the Airport in all facets of DEN’s operations.
Denver International Airport
- While there, he oversaw the legal efforts surrounding the Westin Hotel, commuter rail line extension to the Airport, transit-oriented development at Peña Station Next, Great Hall Project, DEN Welcome Sign, Peña Boulevard, disposition of the former Stapleton Airport property, and the construction of more than forty new passenger gates.
- Dan also oversaw the litigation team in multiple cases, including a successful defense of the Airport’s rules on public demonstrations (in response to claims under the First Amendment), successful defense of the Airport’s rates and charges, and various challenges to Airport decisions and actions by tenants, users, and prospective bidders.
- Under his leadership, DEN Legal drafted and processed more than 200 contracts annually, responded to approximately 250 open records requests annually, and successfully represented the Airport in numerous transactions, projects and initiatives.
- Dan supported the Airport during an unprecedented period of growth and development.
Between 1998 and 2014, Dan was in private practice, including serving as a partner at Kaplan Kirsch and Rockwell LLP and working in its predecessor firms. During this sixteen-year period, Dan gained progressive responsibility in representing airports and airport stakeholders throughout the United States.
Private Practice
- During this time, Dan worked at airports large and small, from the busiest large hub airports to private general aviation airports. He worked at airports located in resort communities in Colorado and the intermountain west, as well as in Florida, New York and elsewhere. And, he worked at airports in large metropolitan areas throughout the country.
- He worked at the forefront of legal issues facing the industry, including noise impacts, air service development, revenue use and diversion, non-aeronautical commercial development, through-the-fence activity, Fixed Base Operator issues, drones, safety, and security.
- Dan developed practical experience with all facets of airport operations. He drafted airport rules and regulations, minimum standards, leasing policies, and other airport governing documents. He worked on all facets of capital development, including planning, ALP amendments, FAR Part 77, grant funding, environmental review under NEPA, environmental permitting, and local approvals.
Throughout his professional carrier, Dan has been actively engaged in the broader airport industry.
Additional Experience
- Dan has participated actively in the Transportation Research Board Airport Cooperative Research Program, both as the principal investigator or contributor on several projects and as the chair and member of the standing committee on legal issues.
- While at DEN, Dan served on the ACI-NA legal affairs steering committee.
- Dan chaired the AAAE Task Force on Airport Empowerment and Regulatory Relief.
- For nine years, Dan was the principal planner for the AAAE Basics of Airport Law Conference and Legal Update.
- Dan has authored numerous publications and spoken widely on airport legal issues.
CASES & PUBLICATIONS
Cases
- Adams County v. City and County of Denver, Case No. 2018CV31077 (Co. Dist. Ct.) (pending)
- Colorado Airport Parking v. City and County of Denver, Case No. 16CA2209 (Co. Ct. App. 2018)
- McDonnell v. City and County of Denver, 878 F.3d 1247 (10th Cir. 2018)
- DIA Retail Fashion v. City and County of Denver, Case No. 15CV30332 (Co. Dist. Ct. 2016)
- City and County of Denver v. Regional Transportation District, Case No. 15CA0148 (Co. Ct. App. 2016)
- JetAway Aviation v. Montrose County, 754 F.3d 824 (10th Cir. 2014)
- Chandler Air Service, Inc. v. City of Chandler, FAA Docket No. 16-13-05 (Director’s Determination, 2014)
- Sun’s Inc. v. Port of Seattle, FAA Docket No. 16-06-13 (Director’s Determination, 2008)
- Bisti Aviation v. City of Farmington, FAA Docket No. 16-07-01 (Director’s Determination, 2007)
- City of Naples Airport Auth. v. FAA, 409 F.3d 431 (D.C. Cir. 2005)
- Aircraft Owners and Pilots Association v. City of Pompano Beach, FAA Docket No. 16-04-01 (Director’s Determination, 2005)
- Royal Air, Inc. v. City of Shreveport, FAA Docket No. 16-02-06 (Director’s Determination, 2004)
- Continental Aviation Services, Inc. v. City of Naples Airport Authority, 873 So.2d 567 (Fla. Ct. App. 2004)
- City of Burbank v. Burbank-Glendale-Pasadena Airport Auth., Case No. BC 259852 (Cal. Sup. Ct. Aug. 23, 2002)
- National Bus. Aviation Ass’n v. City of Naples Airport Auth., 162 F. Supp. 2d 1343 (M.D. Fla. 2001)
- City of Brook Park v. Brook Park Community Urban Redev. Corp., 2000 WL 85355 (Ohio App. 2000)
Books
- Editor, Airport Law Desk Reference, published by Kaplan, Kirsch and Rockwell and the American Association of Airport Executives (2005 – 2013)
Transportation Research Board, Airport Cooperative Research Program
- Legal Research Digest 1, Compilation of Airport Law Resources (Jan. 2008)
- Legal Research Digest 7, Airport Governance and Ownership (June 2009) (multiple authors)
- Legal Research Digest 11, Survey of Minimum Standards: Commercial Aeronautical Activities at Airports (Feb. 2011) (multiple authors)
- Legal Research Digest 13, An Index and Digest of Decisions: Compilation of Airport Law Resources (March 2012)
- Report 66, Considering and Evaluating Airport Privatization (2012) (multiple authors)
- Legal Research Digest 23, A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport (Feb. 2015) (multiple authors)
Journal of Airport Management
- Legal and regulatory developments in the USA, Journal of Airport Management, Vol. 1, No. 1 (Sept. 2006)
- The law of airline competition in the USA: Recent developments and future outlook, Journal of Airport Management, Vo. 1, No. 3 (April – June 2007)
- The law of aviation-related climate change: The airport proprietor’s role in reducing greenhouse gas emissions, Journal of Airport Management, Vol. 2, No. 1 (Oct. – Dec. 2007) (multiple authors)
- Airport privatization in the USA: Recent legal developments and future outlook, Journal of Airport Management, Vol. 3, No. 1 (Oct. – Dec. 2008)
Presentations
- Principal planner (2005 – 2013) and presenter (2005 – 2018) at the Basics of Airport Law Workshop and Legal Update, sponsored by the American Association of Airport Executives; Kaplan, Kirsch & Rockwell LLP; and the International Municipal Lawyers Association
- Planning committee (2015-2018) and presenter (2014 – present) at the ACI-NA spring and fall legal affairs conferences
- Frequent presenter at the Colorado Airport Operators Association spring and winter conferences
- Frequent presenter at specialty conferences sponsored by AAAE and ACI-NA